Paul Mero

In the span of 30 years on the United States Supreme Court, Justice Anthony Kennedy changed the face of America and, in doing so, created Donald Trump and deepened our political divisions. While Justice Kennedy is receiving great accolades for many important court decisions that he authored, his legacy should be judged by his activism more than by any wisdom he provided.

Even after authoring Lawrence and Obergefell, perhaps Justice Kennedy’s greatest effrontery was his 1992 opinion in Planned Parenthood v. Casey, upholding Roe v. Wade, wherein he wrote, “At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.” Actually, at the heart of liberty is order and a broad American consensus about the meaning of human life. If he did nothing else, this concept alone makes Justice Kennedy perhaps the greatest enemy of freedom on the Court since Chief Justice Roger Taney’s Dred Scott decision. read more

Since the advent of an Internet marketplace, states have been forbidden from collecting sales taxes for online purchases made out-of-state. States, such as Utah, have opted to work around that prohibition by encouraging online consumers to self-report on state tax forms and by creating direct agreements with large online sellers such as Amazon to collect taxes. But, by and large, those methods have been inefficient and unpredictable.

Well, all of that will now change with the Wayfair decision.

The United States Supreme Court just ruled that the old law governing collection of online sales taxes has become unfair and anachronistic. In a 5-4 decision, dominated by conservative justices, the Court corrected years of tax inequities and market distortions overturning its own previous decisions. read more

The Trump Administration has placed the name of Utah’s Ron Mortensen before the United States Senate as the administration’s nominee as the Assistant Secretary of State for the Bureau of Population, Refugees and Migration – and senators, especially Utah’s senators, should oppose Mortensen’s confirmation.

The Bureau of PRM was created to “provide protection, ease suffering, and resolve the plight of persecuted and uprooted people around the world on behalf of the American people….” PRM “provides aid and sustainable solutions for refugees, victims of conflict and stateless people around the world, through repatriation, local integration, and resettlement in the United States. PRM also promotes the United States’ population and migration policies.” read more

Most Utahns do not know what it is like to smoke pot or use cannabis in any of its commercial forms. I do. I smoked lots of pot when I was a teenager – lots of it. I bought it. I sold it. It’s no secret among people who really know me and I do not mind talking about it. I do not care who knows about it. My kids know. Any close co-worker knows. I unhesitatingly reported it on my application to get a Top Secret security clearance when I worked in Congress.

Whenever I write or speak about any aspect of public policy dealing with marijuana, I inevitably receive all sorts of feedback from people correcting me about this or that. Everyone has an opinion and that is cool. Most criticisms of my pot commentaries complain about my use of generalities. Pot supporters, it turns out, are obsessed by pot minutia – everything from vernacular to science to medicine to the law. And, you know, I am not really surprised by these high-minded attempts to intellectualize a narcotic. Have you ever actually listened to two potheads discuss world affairs? They think they make sense. read more

In November 2014, I received a call from Governor Gary Herbert’s staff inviting, and then asking, me to stand with the governor as he announced his Healthy Utah plan – the plan that opponents referred to as “Medicaid expansion.” I knew nothing about the plan at the time, was sent some briefing materials and, ultimately, agreed to stand with him largely out of friendship and respect.

Of course, as a well-known conservative voice in Utah, I was heavily criticized for so-called “endorsing” the Healthy Utah plan. Up to the point of the press conference, I had not endorsed any such thing. I attended, as I said, out of respect and friendship. But a funny thing happened while standing there along side the governor and so many high-profile community leaders: I agreed with what the governor was proposing. It made sense. In fact, I agreed so much with what he described about the plan that I embraced it and argued for it among our conservative legislators. read more

You might think after decades of horrible sexual abuses perpetrated by people in authority over innocent and trusting individuals that law and policy would reflect every reality faced by the victims in a litigious society. But you would be wrong. Even today, victims of sexual abuse still face the humiliation of the original abuse and the subsequent abuses associated with having to face it and report it.

Just this month, a new law took effect removing the statute of limitations on childhood victims of sexual abuse in Utah. But the law has not gone far enough in my opinion. We should extend this legal courtesy to anyone sexually abused by someone in authority – be they subject to a parent or guardian, an employer, a school teacher, a youth leader, a law enforcement officer, a caretaker or, yes, even an ecclesiastical leader. read more

In one of Bill Buckley’s last television interviews, Charlie Rose asked him to explain the differences between the conservative movement today and the one Buckley started with National Review in 1955. Buckley replied that conservatives back then had a unifying enemy – communism – and all sorts of political factions on the Right were willing to set aside some glaring differences of opinion to stop the communist menace. And what about today’s conservative movement? Buckley paused and said, conservatives today are “trifling up against the general sense of satisfaction.” read more

Does it bother you that Vice-President Mike Pence proudly shares that he talks with God? I have to admit it bothered me a bit – but not for the same reasons many other people became uncomfortable with Pence’s revelation.

I understand why some people are dismayed by the vice-president’s faith in open display in the public square. In fact, a “faith standard” is a pretty high bar to meet in terms of public service. For instance, how credible is the faith of a man who thinks Arizona sheriff Joe Arpaio is a shining example of the rule of law, a man to be honored? If Pence’s faith-based political judgment whispers that Arpaio is an honorable man, what are we to think about Pence’s judgment on a wide array of other political topics? read more